APHC010204672020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 13370/2020 Between: 1. SMT.KELLA LAKSHMI, S/O.RAMANA, AGE. 36 YEARS R/O.D.NO.18-26 (OLD 18-130), ANJANDHRI COLONY, PRAHALADAPURAM, VISAKHAPATNAM. 2. ENDUBILLI SRINIVASA RAO, S/O.MALEESWARARAO, AGE. 34 YEARS, R/O. D.NO.18-26 (OLD 18-130, ANJANDHRI COLONY, PRAHALADAPURAM, VISAKHAPATNAM. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETRIATE, AMARAVATI. 2. THE COMMISSIONER OF POLICE, VISAKHAPATNAM. 3. STATION HOUSE OFFICER, PENDURTHI P.S, PENDURTHI, VISAKHAPATNAM. 4. NALLA PAVANI, W/.O.KIRAN KUMAR R/O.D.NO.18-130, ANJANDHRI COLONY, PRAHALADAPURAM, VISAKHAPATNAM. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue any writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent No.3 in evicting the petitioners from their respective portions of House bearing Door No.18-26 (old 18-130) Anajanadhri Colony, Prahaladapuram, Visakhapatnam District by seizing their belongings as illegal, arbitrary and beyond the scope of orders passed in CrlMP No.658 of 2019 in DVC.No. 41 of 2018 dated 22-2- 2019 and violation of orders passed in WP.No.8130 of 2020 dated 26.3.2020 and in contravention to the orders passed in CrlMP.No.1400 of 2019 dated 28.6.2019 issued by VII Metropolitan Magistrate, Visakhapatnam to consequently direct the respondent No.2 to enquiry into the matter and to take the action against concerned officials and allow the petitioners to live in their respective portions of subject house and to release belonging of the petitioners to pass such other or further orders as IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the 3rdrespondent to release belongings of the petitioner such as Utensils, clothes and Gas Cylinders, cots etc from the premises bearing Door No.18-26 (old 18-130) Anajanadhri Colony, Prahaladapuram, Visakhapatnam District pending disposal of writ petition. Counsel for the Petitioner(S): 1. V V SATISH Counsel for the Respondent(S): 1. GP FOR HOME 2. G RAMA GOPAL The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO:13370 of 2020 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue any writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent No.3 in evicting the petitioners from their respective portions of House bearing Door No.18-26 (old 18-130) Anajanadhri Colony, Prahaladapuram, Visakhapatnam District by seizing their belongings as illegal, arbitrary and beyond the scope of orders passed in Crl.M.P.No.658 of 2019 in D.V.C.No.41 of 2018 dated 22-2-2019 and violation of orders passed in W.P.No.8130 of 2020 dated 26.3.2020 and in contravention to the orders passed in Crl.M.P.No.1400 of 2019 dated 28.6.2019 issued by VII Metropolitan Magistrate, Visakhapatnam to consequently direct the respondent No.2 to enquiry into the matter and to take the action against concerned officials and allow the petitioners to live in their respective portions of subject house and to release belonging of the petitioners to pass and pass…” 2. Heard Sri V.V.Satish, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home appearing for the respondents. 3. Learned counsel for the petitioners would submit that the petitioners are tenants of the house in Door No. 18-26, Anjanadri Colony, Prahaladapuram, Visakhapatnam. The said house was rented by one Girish Babu who is the owner of the houses. The husband of Respondent No.4 is the previous owner of the said house and he sold the property to Girish Babu. There are disputes between the Respondent No.4 and her husband and she filed DVC No. 41 of 2018, on the file of V Addl. Metropolitan Magistrate, Visakhapatnam. The Respondent No.4 filed CRL.M.P. No. 6761 of 2018 in DVC No. 41 of 2018, wherein the court directed her husband to handover physical possession of the house and the Court further granted police protection to Respondent No.4 vide order dated 22.02.2019 in CRL.M.P. No. 658 of 2019. The Respondent No.4 again approached the Trial Court by filing CRL.M.P. No. 1400 of 2019 stating that her husband and his henchmen have obstructed her from entering into the house and they locked the gates, in the presence of police. The Trial Court dismissed the petition on the ground that she failed to fail any proof, such as endorsement from the police that her husband and his henchmen have locked the gates. Learned counsel would further submit that the police have seized the articles and utensils belonging to the petitioners at the instance of Respondent No.4. 4. Learned Assistant Government Pleader for Home, Sri V.Farooq, representing the respondents, on written instructions, would submit that basing on the complaint made by the respondent No.4, the respondent-Police of Pendurthi Police Station have registered a case in Cr.No.614 of 2020 under sections 448, 354, 323, 506, 509, 427 and 109 r/w 34 IPC against 17 persons, out of whom, the petitioners herein are arrayed as A13 and A4. He further submit that the respondent-Police had arrested the accused and seized the destroyed items from the scene of offence, which are in connection with the Cr.No.614 of 2020 and further the respondent-Police have not seized any other articles that are belonging to the petitioners by virtue of the orders dated 22.2.2019 passed in Crl.M.P.No.658 of 2019 in D.V.C.No.41 of 2018. Learned Assistant Government Pleader would further submit that the respondent- Police have not tried to evict the petitioners from the subject house and they are not interfering with the dispute in between the petitioners and the unofficial respondents. 5. Considering the submissions made, this Writ Petition is disposed of. However, the respondent-police are directed not to interfere with the disputes between the parties, since the matter is pending before the Court below. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 18.08.2025. SRT HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.13370 of 2020 Dated.18.08.2025 SRT 224